Compliance Radar

Who was sanctioned, and for what?

Fines, court rulings and incidents from Europe, North America and Asia-Pacific: 1,838 cases from 37 jurisdictions, each with an official source and checked against that source before publication. Filter by country, area of law and sector. Click a chart to drill down one level.

1case from 1 jurisdiction
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When?

per quarter, by date of decision
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1 case

26 Aug 2025 Kmart Australia LimitedKmart: facial recognition used against refund fraud breached the Privacy Act AustraliaVideo surveillance Order

From June 2020 to July 2022, Kmart Australia used facial recognition in 28 stores to record the face of every person who came in and of every customer at the returns counters, with the aim of uncovering refund fraud, without informing them or obtaining their consent. The Privacy Commissioner rejected the exception for addressing unlawful activity, because the indiscriminate collection of sensitive biometric information was disproportionate given less intrusive alternatives and its limited benefit, and ordered that the conduct must not be continued or repeated. The decision is currently under review before the Administrative Review Tribunal; hearings are scheduled for early 2027. The decision is not final.

What organisations can take from it

Before deploying facial recognition, organisations must assess and document whether less intrusive means would suffice and whether the intrusion into the privacy of everyone captured is proportionate.

Relevance to training and awareness

Facial recognition in retail: proportionality, notice and consent

Authority / court
Office of the Australian Information Commissioner (OAIC)
Area of law
Data protection · Video surveillance
Legal basis
Privacy Act 1988 (Cth), APP 1.3, 1.4, 3.3, 3.4, 5.1, 5.2
Action
Order
Status of proceedings
under appeal
Sector
Retail and e-commerce
Mitigating circumstances
Kmart stopped using the system in July 2022 when the investigation began and cooperated with the regulator throughout.
Published
18 Sep 2025

Checked against the official source on 3 Oct 2026 · Direct link

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